Amendments To The BVI Civil Procedure Rules Series – Part Three

The updated Civil Procedure Rules (the "Revised CPR") come into force on 31 July 2023, and with them a substantially increased focus on settlement and Alternative Dispute Resolution ("ADR"). In this article, Senior Associate Dr Jane Fedotova and Associate Charles Goldblatt highlight and consider three significant amendments which are relevant to arbitration, enforcement and ADR.

The first relates to a significant change in the rules about service of foreign defendants. Under the Revised CPR, upon compliance with certain conditions specific types of proceedings may be served out of jurisdiction on a foreign defendant without the permission of the Court. This will cover enforcement of an arbitral award against BVI assets of a foreign defendant and BVI proceedings commenced against inter alia a foreign defendant in aid of arbitration for Norwich Pharmacal Order, disclosure orders, freezing orders, and other interim measures. While such orders would often be sought in